European Union (Withdrawal Arrangements) Bill

Stella Creasy Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

I beg to move, That the Bill be now read a Second time.

I begin by thanking my co-sponsors for their help and support with the Bill: the right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith), for Belfast East (Gavin Robinson) and for East Antrim (Sammy Wilson), and the hon. Members for Blackley and Middleton South (Graham Stringer), for Clacton (Nigel Farage), for South Antrim (Robin Swann), for Boston and Skegness (Richard Tice), for Upper Bann (Carla Lockhart), for North Down (Alex Easton), for Strangford (Jim Shannon) and for East Londonderry (Mr Campbell). I also wish to thank my own staff for their assistance during recent weeks, particularly Dr Dan Boucher, who has worked tirelessly on these matters. I record my appreciation of international lawyer Mr Barney Reynolds for his help and guidance on many of the technical issues.

Since I came to this House in July, I have lost count of the number of times I have heard affirmations from the Government Benches about “fixing the foundations.” Well, there is one foundation that most assuredly needs fixed, and that is the foundation that flows from the inequitable post-Brexit arrangements as they affect my part of the United Kingdom: Northern Ireland. The foundations of this United Kingdom have been disturbed and dislodged by those arrangements. The primary purpose of this Bill is, yes, to fix those foundations—to restore equilibrium to Northern Ireland’s place within the United Kingdom and to our relationship as a nation with the EU.

In fixing the foundations, we need to reflect on the most basic tenet of democracy, namely that a people should be governed by laws made by those they elect to make those laws. That is so fundamental that we all presumably almost take it for granted, yet tragically and with great constitutional detriment, that is no longer the position in respect of Northern Ireland. There are 300 areas of law where the right to make laws is not exercised in this House or in the devolved Assembly, but has been surrendered to the European Parliament. That is such a momentous thing that it should cause anyone who values the fundamentals of democracy—who clings to the principle that a people are entitled to elect those who govern them and make their laws—to be ashamed that this situation has evolved. It is not just a democratic deficit, but undemocratic plundering of the Northern Ireland statute book by the EU.

These are not incidental matters or trifling issues. They are the laws that deal with customs, general trade, goods, motor vehicles, cosmetics, toys, electrical equipment, textiles, medical devices, pesticides, waste, and food hygiene, ingredients and marketing. They cover 13 different areas of law dealing with food alone. They are the laws that deal with disease and with animals—with the breeding, welfare and identification of animals. Thirty-four different diktats of the EU govern all of that.

[Ms Stella Creasy (Walthamstow) (Lab/Co-op)]

I appreciate the hon. and learned Gentleman’s passion. He also needs to be honest with this Chamber that the laws he is talking about include human rights laws, and the basic, equal treatment of everybody in Northern Ireland. His legislation would rip up the very foundation of democracy, which is that everybody is equal. Does he not need to be honest with this Chamber that the 300 laws he is talking about include equal human rights?

[Jim Allister]

I will be absolutely honest with this Chamber, and to be absolutely honest with this Chamber, the hon. Lady is not addressing the issue as it emerges. I will deal with the impact of article 2 of the protocol. I want nothing more for my constituents than the same rights that the hon. Lady’s constituents have, be they human rights, the right to make the laws of our land, or any other rights. I ask for no privilege, but I certainly do not accept any detriment. That is the point here.

[Ms Creasy]

The hon. and learned Gentleman and I share a common concern, then. My constituents in Walthamstow do benefit from the protection of their human rights, because we are still members of the European Court of Human Rights. Indeed, equal access to those human rights is what the Good Friday agreement was based on. The effect that his legislation would have on article 2 of the Windsor framework would breach those principles, so if it went through, would there not be less of a connection between constituents here in England and constituents in Northern Ireland?

[Jim Allister]

I respectfully and utterly disagree. As part of the United Kingdom, we are all subject to the Human Rights Act 1998. The Human Rights Act is what fundamentally gives the hon. Lady’s constituents the rights that they have in that sphere, and she would lose nothing by losing the control of the foreign court of the European Court of Justice.

I am listing examples of the 300 areas of law that have been purloined by the EU in its sovereignty grab over Northern Ireland. I mentioned the 34 different diktats on animals. We have even reached the point in Northern Ireland where, under these arrangements, our cattle can no longer bear a UK ear tag. They now have to have a specified European Union ear tag. That is but an illustration of how absurd and utterly wrong and offensive it is that the right to make the laws in our own country has been surrendered to a foreign power.

All those 300 areas are set forth in annex 2 of the protocol or, as it is now more kindly called, the Windsor framework. Look at annex 2, look at the hundreds of laws—289 of them which now have been removed from the ambit of the lawmaking of this House or the lawmaking of the Northern Ireland Assembly.

--- Later in debate ---

[Jim Allister]

The whole purpose of this Bill is to restore equilibrium and to get us to a point at which we have a sensible relationship based upon mutual respect, not on the grabbing of the sovereignty, one from the other. That is where we have got to. The hon. Member may not like to face up to it, but a whole raft of jurisprudence and lawmaking has been removed from within the reach of this United Kingdom and placed within the control of a foreign body, and that is not the basis for a sustainable solution.

[Ms Creasy]

Will the hon. and learned Gentleman give way?

[Jim Allister]

I have given way quite often, so I am going to make some progress.

That is why what I regard as the two liberation clauses in my Bill, clauses five and two, exist. They are the clauses that will free the whole United Kingdom, and Northern Ireland in particular, from this malevolent situation in which a huge portion of our laws are made not by ourselves but by others. That is very important. I have spent a lot of time in this debate talking about the constitutional import of all this, and that is very important, because it is that which gives certainty and assurance to any part of this United Kingdom. However, before I leave that issue, I remind the House that, because of the protocol arrangements, our Supreme Court had to rule that article VI of our Acts of Union, which guaranteed unfettered trade access between and within all parts of the United Kingdom, stand in suspension. There cannot be a higher authority than the Supreme Court to demonstrate that a key component of the very Acts of Union that makes this Union is in suspension, and if the cause of suspension is the protocol or the Windsor framework, then no one who believes in that Union should be sanguine or at ease with that.

There are also economic consequences. Before Brexit, Northern Ireland had an economy that was very integrated with the rest of the United Kingdom. It had the free, unfettered flow of goods one way and the other, as we had and would still have from Birmingham to London or Edinburgh. We had exactly that.

--- Later in debate ---

[Jim Allister]

This Bill is prospective in its tone and purpose. It is about going forward. It is about solving the problem that has been put upon us. The hon. Member says, “Oh, let’s reset.” For some, of course, that means, “Let’s rejoin.” That is a matter for those who are advocating for it, but it is certainly not where I would like to see this United Kingdom go.

Yes, we need to reset, but we need to reset on the basis that Brexit is for all, not just for some. When we reset on that basis, the Government will not have me constantly raising these issues, because I will have the equal citizenship that has been denied to me and my constituents by these arrangements. Fundamentally, this is an equal citizenship issue. The thought that they are being treated differently, by being denied the equal citizenship of the rest of the United Kingdom, is quite appalling and insulting to many people in Northern Ireland.

Article 2 of the protocol has been mentioned in an intervention. The Government said a couple of nights ago that they will appeal the findings in one of the cases in Northern Ireland, although, listening to the Secretary of State for Northern Ireland, I think it is a pretty half-hearted appeal. Article 2 shows us that it is not just about trade. That was the initial selling point of the protocol, “Oh, it is only about trade,” but now we have discovered, through article 2, that it has a most pervasive effect on all sorts of things.

Legislation in the last Parliament has been overturned in its application in Northern Ireland. Why? Because of article 2. Now, whether we liked or disliked the Rwanda Bill is not the point. The point is that our High Court and Court of Appeal have ruled that the provisions of the Rwanda Bill cannot be operated in Northern Ireland. Why? Because of article 2.

Why is that? Because article 2 subjects Northern Ireland to the EU’s human rights provisions, not the UK’s human rights provisions. Protections that exist for asylum seekers under EU law therefore prevent the measures from operating. It is not about the debate of the merits or de-merits; it is about the constitutional fact that a Bill of this House, the sovereign will of that time of this supposedly sovereign Parliament, could not be implemented in a part of the United Kingdom because of the supremacy of EU law.

[Ms Creasy]

Will the hon. and learned Gentleman give way?

[Jim Allister]

No, I will finish my point. That is the fundamental issue here. We also had it on the legacy Bill. Again, it is not about the merits or the de-merits of the legacy Bill, much of which I abhorred; it is about the principle that our courts in this United Kingdom rule. The provisions of this Parliament—the sovereign will of this Parliament—are overridden by the laws of a foreign jurisdiction. That is the fundamental issue of sovereignty at stake here. That is why clause 2 will address the import of article 2 by making it something that cannot be given effect in domestic law.

[Ms Creasy]

I thank the hon. and learned Gentleman for giving way. I hope he will recognise that it is not laughter on the Government Benches, but bemusement at the inconsistency. He opines about his anger that a third party can make law in Northern Ireland. Many of us tried to untangle the inconsistencies in the Rwanda legislation. The right hon. Member for Belfast East (Gavin Robinson) and I tried in vain to raise it with the previous Government. The critical issue was the right to remedy and the rights it gave people in Northern Ireland to petition a third party if they thought their Government was overbearing on their own basic rights. The hon. and learned Gentleman has himself used those rights: he has chosen to go to the Supreme Court and that is why we are here today. He has not chosen to go to the Court in Strasbourg—that would be his right and I would support him in doing so—but why would he deny the right to remedy to the rest of his fellow residents of Northern Ireland, as the Bill would, when he says he thinks it was wrong for that right to be protected by the European Court of Human Rights in the first place?

[Madam Deputy Speaker (Judith Cummins)]

Order. I remind Members that it is up to the Member who is on their feet whether they want to accept an intervention.

--- Later in debate ---

[Ms Creasy]

Importantly, this House was charged, along with the Irish Government, to uphold the Good Friday agreement. In any legislation that comes along, it is right and proper that we ask how to do that, alongside our colleagues across in Ireland. This legislation touches on so many elements of that agreement, so today’s debate is also about us doing the important job that we pledged to do all those years ago, to improve and maintain peace and stability in Northern Ireland.

[Peter Dowd]

My hon. Friend is absolutely right. I would be the first to admit that we do not always get these things right—whoever does? What we have to do is try, try and try again, and attempt to do our best in good faith. I will come back to that in a moment.

--- Later in debate ---

[Peter Dowd]

I will touch on that a little later.

[Ms Creasy]

I wish I could understand—perhaps my hon. Friend can help me out with this. If, on the one hand, the European Union is a source of colonisation that has this disrespect towards the United Kingdom and Northern Ireland, but, on the other hand, as part of a trade agreement we would simply trust each other to mutually enforce each other’s rules without any level of oversight, at what point do we start trusting these colonisers, as opposed to recognising that as part of an international trade treaty, we both have to stick to the same set of rules and see them upheld?

[Peter Dowd]

My hon. Friend makes a good point. At the end of the day, whether the hon. and learned Member for North Antrim and I like it or not, and I do, they are allies in virtually the biggest trading area—in fact, it is the largest—in the world, but I accept that Members have concerns. I am not trying to deny that, and I am not trying to demean them or push them under the carpet.

I also do not want to revisit the pre-referendum process. It is unavailing at this stage to rehash or regurgitate the arguments, warnings, finger pointing, claims, vilifications, passions and tensions that at times dominated the debate in the lead-up to and during the last weeks of the referendum campaign, but the situation we face is a direct result and consequence of that decision—of that, in my view, there is no doubt. I believe it is fair to say that personalities, rather than policies, often dominated the discussions and debates at the time. I also believe that, at times, high-politics issues around sovereignty, self-determination and other factors came into play. However, such matters are really symmetrical. That is the nature of the democratic debate and of the democratic debate that we have in this country, for better or worse.

--- Later in debate ---

[Peter Dowd]

My stance is that if a person does not trust me in a democratic environment, they are perfectly entitled to go down to the ballot box and put an X against my opponent’s name, and I will respect them for doing so. That is the way we do it in this country.

[Ms Creasy]

Many of us are passionate about equal rights; that is why we have concerns about this legislation. The hon. and learned Member for North Antrim (Jim Allister) would not engage on the subject of the impact that the Bill would have on human rights in Northern Ireland. We all know about our democratic rights. When we talk about equal citizenship, we are talking about the ability to be represented, about rights being upheld, and about a right of remedy. Does my hon. Friend agree that the Bill would rip up those rights in Northern Ireland by ripping up article 2 of the Windsor framework? The Bill would deny people in Northern Ireland rights that his constituents and mine have, because we have recourse to the European Court of Human Rights if we feel that an overbearing Government are breaching our rights. When it comes to equal citizenship in the Union, we must reject the Bill to uphold the rights of all.

[Peter Dowd]

My hon. Friend is right. I reject the Bill as respectfully as I can. Countries have to operate in an international rules-based system. That is the position that this country has taken on many occasions, even when the consequences for us have been dire. The hon. and learned Member for North Antrim talked about foundations. I do not want to undermine the foundation of the rules-based system, trust and good faith. That is what I do not want to breach.

--- Later in debate ---

[Ms Creasy]

My hon. Friend is making a powerful speech and it is one that he and I have lived and breathed as Members elected prior to 2024 and indeed prior to 2019, when the legislation at the heart of this matter was constructed in this place. We were on the Opposition Benches at the time and we all had to look at the concept of international relations and what would happen because of the Brexit votes. It was striking that the hon. and learned Member for North Antrim (Jim Allister) promoting this legislation talked as if that had never happened. We have been there before in all of this. There are no perfect solutions; that is part of the challenge that Brexit created for all of us. But in looking at what we do next, understanding that breaching international protocols has consequences is as important as thinking about what we do when we breach those international protocols, as we did with Brexit.

[Peter Dowd]

My hon. Friend makes a really important and fair point. We have to be very careful in this area when we have international obligations, and we have to be even more cautious when we are dealing with the situation that we found ourselves in given the context of the Belfast agreement.

I am drawing to a close, Members will be pleased to know, but it is worthwhile exploring the concept in a little more detail, because as I said, it goes to our position as a custodian. The circumstances in which we can depart from obligations are fairly clear: for instance, by mutual agreement—that is unsurprising—or implied right to withdraw. Neither of those is the case in this situation. Perhaps the hon. and learned Gentleman thinks they should be, but I do not believe that they are.

Can we say that the treaty or agreement is no longer in place due to agreed time limits or sunset clauses? The answer to that question is no. Has the other side materially breached the treaty or the agreement, which would in turn absolve us of our obligations? Well, I do not think that applies either. What about our ability to carry out the agreement because of the “disappearance or destruction” of an object crucial to the operation of the treaty? That get-out clause does not exist, either; well, not that I am aware. In fact, the Windsor framework is protected by the Vienna convention on treaties, as was brought out during the statement that I referred to.

--- Later in debate ---

[Gavin Robinson]

That is a fair point, and illustrates the requirement to honour the agreement—supported by the Minister and her Labour colleagues back in February—to eradicate routine checks within the UK internal market system. Does that deal with all the issues? No, it does not. Does it deal with what is in the red lane? No, it does not. Does it deal with the constitutional impurity of the overarching framework? No, it does not. But is it a step forward? Does it remove the frustration of my constituents and those of the hon. Member for Belfast South and Mid Down (Claire Hanna), who does not share my constitutional outlook? Yes, it does, and it should have been delivered in October.

The hon. and learned Member for North Antrim has also included in the Bill aspects on customs and parcels—another commitment made back in February and supported by the Labour Government. It was to be implemented in October this year, but they delayed it. The Minister and Members should know that we did not get overly exercised by the delay, because we recognise that it will be implemented by the end of the financial year. However, owing to the practicalities, the fact that attention was diverted because of the general election and all the rest, it did not happen in October. It is happening, which is good, but it is being done in a way that recognises the overarching imposition that we have from relationships that are totally unnecessary.

If the business run by the constituent of my hon. Friend the Member for Strangford (Jim Shannon) is bringing in thread, wool and felt from Etsy to make craft, I defy any Member to stand up and indicate how that will have a material impact on the integrity of the single market. I defy any Member to stand up and give me an example—other than from “The Lord of the Rings”—of where a tree has come from GB to NI and been planted, and has then got up and walked across the border. It does not happen, yet we are told that sending a tree from Stranraer to Belfast would destroy the sanitary and phytosanitary integrity of the single market. It is a nonsense.

We are having to live with, and try to work through, the practical solutions to the overarching imposition that this Parliament agreed to, in spite of the concerns raised by people like me who were here during the Brexit years, as the hon. Member for Walthamstow (Ms Creasy) was. We raised concerns, but we were ignored. So when people stand up in 2024 and say, “Why are we still talking about an issue that started in 2016?”, it is because Members on both sides of the House did not listen to the warnings, the concerns, and the opportunities for compromise and agreement. Moreover, in repeating the same approach today, we are storing up greater potential for frustration in the future.

[Ms Creasy]

rose—

[Dr Gardner]

Will the right hon. Gentleman give way?

[Gavin Robinson]

I will not give way to the hon. Member for Stoke-on-Trent South (Dr Gardner), because I am giving way to the hon. Member for Walthamstow (Ms Creasy).

[Ms Creasy]

The right hon. Gentleman actually knows that I have a lot of sympathy for his frustrations, because none of us should ever say there is a perfect solution to the challenges that he presents. That was always why many of us were concerned about the idea of Brexit, but we know that Brexit has happened. Once it happened, it created a series of problems. Does he recognise that there is more than one way to skin the proverbial cat that he is setting out, and that this legislation actually takes us back to those old arguments?

By working together in this United Kingdom Parliament, we could look at how we get a better SPS deal, and at how we deal with the problems that the border operating model has created, so that all our constituents can benefit. We cannot go backwards; Brexit has happened and created all these problems. Those who advocated for it may wish to reflect on that, but we can go forward by trying to tease out better solutions. They will not be perfect, but they could be better. This legislation is not the solution, but I will offer a hand of friendship across the Chamber to find better solutions, if he is game.

[Gavin Robinson]

I will not respond to the hon. Lady’s last line; I will leave it to others to determine. She and I have engaged with each other—sometimes helpfully, and sometimes crossly—for years. When there are opportunities to work together to benefit my constituency or anybody else’s in the United Kingdom, I will do it. What I am actually doing at the moment is sharing agreements that were reached. She and her colleagues voted for them, yet we are still waiting for their implementation.

Let me give another one: an agreement outlined in “Safeguarding the Union” required a labelling regime across the United Kingdom. The reason for that was that there were no cost implications or benefits for businesses in Scotland, England and Wales if they simply chose not to supply our market in Northern Ireland. We have heard every hue and cry from drinks manufacturers and food manufacturers across the United Kingdom, who have said that this is costly and will cause them difficulty, yet Asda, Sainsbury’s and Tesco simply put it on their best-before date line. It costs them nothing, but what does it ensure? No divergence of trade within our own country. What does it ensure? Access to the Northern Ireland market and the removal of a disincentive.

What have we heard? The Department for Environment, Food and Rural Affairs has no interest in honouring the very aspect of the agreement that Labour supported back in February. It is now saying, “Yes, we will take the power, but we will not use it, unless—”. Unless what? It is repudiating a commitment from an agreement that it supported, but it will not say what is the trigger point. At what point is it OK for it to step in? At what point should Northern Ireland be disenfranchised before our sovereign Government and our sovereign Parliament will take steps to protect the consumer interests of the people of Northern Ireland? We do not know, but what we do know is that even when they have been prepared to engage in discussions that are of practical benefit to the people of Northern Ireland to resolve these issues—and Labour supported those—there has not been full and faithful implementation. It is not governed by the Vienna convention, but we are not seeing that full and faithful implementation.

[Gavin Robinson]

My right hon. Friend is entirely correct. What have we achieved over the last five years? A game, and not a very enjoyable game, of whack-a-mole, for it is about as strategic as whack-a-mole. An issue comes up involving the VAT margin schemes for second-car salesmen; we find a solution. Then another issue pops up, and another, and another. Whack-a-mole! That is the best strategic approach that this Government, and the previous Government, have adopted to deal with issues that are affecting us because of the decision taken back in 2019.

I remember the parliamentary discourse about the quest for agreement, but I know this. When the previous Prime Minister, Boris Johnson—[Interruption.] Just let me finish. No need for your wee quips. When Boris Johnson engaged with this issue, in respect of the protocol, he went to the Wirral for a walkabout in a wedding venue with Leo Varadkar, and became smitten with Leo. He ditched the democratic consent principles in section 4(5) of the Northern Ireland Act 1998 to which the hon. and learned Gentleman has referred. It was always part of the preceding arrangements that a consent vote in Northern Ireland would adhere to the consent principles in the Belfast agreement, and Boris Johnson ditched them.

In “Safeguarding the Union”, there was a commitment to remove and repeal a legacy provision in section 10(1)(b) of the European Union (Withdrawal) Act 2018, on having due regard to an all-island economy—a commitment that Labour supported, but now repudiate because it is in “Safeguarding the Union”. Let me remind the House that it is only in “Safeguarding the Union” because it features in the Windsor framework. Much of the approach from the Government Benches seems to amount to “We cannot achieve anything with the European Union unless we demonstrate our trust and our integrity—or our servitude!—to the European Union.” Paragraph 53 of the Windsor framework indicates very clearly that there is no need to have a legal due regard to an all-island economy that does not exist. Anyone who stands up here today and talks about their full-throated support for the Windsor framework should read what paragraph 53 has to say about the all-island economy. It is a matter of fact that we do not have an all-island economy; we have strands within our economy that operate on a cross-border basis in the context of two legal jurisdictions, two tax jurisdictions, two currency jurisdictions, two VAT jurisdictions and two regulatory jurisdictions, unless covered under annex 2 of the protocol. We do not have an all-island economy. It is a superfluous piece of legislation that is drawn out of the joint report from 2017, and it should go. It should go because I say so; it should go because it was agreed under the Windsor framework, which is quickly forgotten and ignored.

We have talked about article 2 in this debate. No one on this side of the Chamber is indicating that we should leave, through this argument, the European convention on human rights, nor that we should replace the Human Rights Act 1998, which embeds those commitments in our domestic legislation. The argument being raised on article 2 of the Windsor framework is that what has been presented as an international treaty, an agreement and a resolution on trade is impacting and frustrating the ability of this sovereign Parliament because of how the courts in Northern Ireland are interpreting the provisions on myriad areas outside trade.

Immigration is a classic example. The hon. Member for Walthamstow was right that we worked on this and we talked about this, but let me be very clear: whenever I stood up in this Chamber on behalf of my colleagues as our spokesman on home affairs to say that I would not vote for the Illegal Migration Act 2023, it was not because I did not think there was an issue with immigration. I do. It was not because I was ill-prepared to support Government in their endeavours. I was prepared to do so. I said this in this Chamber and my colleagues supported me: it was because, though the Government said that the provisions would apply in Northern Ireland, we were indicating that they would not.

The very same people who told me that the immigration legislation would apply in Northern Ireland launched a leadership campaign on the back of the arguments I was making afterward. We were right, but it is wrong that a trading agreement should have any impact whatever on the ability of this sovereign Parliament to set a uniform immigration policy across the whole United Kingdom. It was wrong then, and I am glad that the Secretary of State on Wednesday night indicated that that is a ground of appeal that the Government are bringing forward, because it is wrong.

[Ms Creasy]

rose—

[Gavin Robinson]

I hope, if I agree to allow the hon. Member for Walthamstow to intervene once more, and once more only, that she will agree that it is right to sort that issue, too.

[Ms Creasy]

The right hon. Gentleman is right. He and I may disagree about how to resolve it though, which is what I want to ask him about so that I do not misunderstand him. That disagreement was about the right to remedy being removed from people in Northern Ireland seeking asylum; in other words, it was the right to petition to an external court to uphold your rights. This Bill removes the domestic legal effect of article 2 of the Windsor framework and breaches paragraphs 1 and 2 of article 4 of the EU-UK withdrawal agreement, which require that individuals be enabled “to rely directly” on the provisions of that treaty.

Does the right hon. Gentleman think that is right? Many of us believe that there is a libertarian argument for a third-party court to uphold the rights of citizens, whether that relates to contract law and what they are sold or to their basic human rights. Is he saying that his resolution is that the right for citizens to petition a third party to protect themselves against the Government should be removed from the people of Northern Ireland?

[Gavin Robinson]

Our judiciary are independent from the Government as well, as she knows. At first instance, in the High Court in Northern Ireland, citizens can draw upon legal jurisprudence within the European system without needing to go to the final arbitrary appeal of a third party. She knows that. The hon. Lady and I have parsed the course on many occasions. Despite all the suggestions made by Members, when challenged, that they are prepared to engage in the debate on this legislation or on the wider issues affecting Northern Ireland seriously, earnestly and with a willingness to resolve problems, there have been an awful lot of giggling Gerties and Cyril Sneers across the Chamber. There has been an awful lot of dismissal of concerns that have not been raised for the first time today—they have been raised on many, many occasions.

It is not just immigration that has been encroached because of article 2 of the Windsor framework, but legacy, which was the basis on which the Secretary of State raised this issue on Wednesday night. The legacy of our troubled past is an important issue, and it has absolutely nothing to do with international trade or trade within our own country—yet here is a case predicated on article 2 of the Windsor framework, which is frustrating this Parliament’s ability to legislate on that issue. That cannot be right. [Interruption.] Is the hon. Member for Belfast South and Mid Down seeking to intervene, or is she just waving supportively?